sparky_jones
05-07 08:28 PM
My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
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Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
kiran24
06-23 04:05 PM
If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
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12-21 12:47 PM
I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.
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sdrblr
08-06 06:21 PM
LUD on 7/13 ..... still waiting with a current PD
gcformeornot
02-03 02:14 PM
AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
more...
GC Struggle
04-10 11:49 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
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roseball
04-24 08:56 AM
Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...
more...
gimme_GC2006
07-02 04:23 PM
they give a damn about it.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.
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panky72
06-19 03:43 PM
As far as I know, NO he cannot.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
more...
sanju
02-05 09:40 PM
My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?
This happened to me twice in last 3 years and this is what I can tell you from my experience.
All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.
I would say - better safe than sorry.
This happened to me twice in last 3 years and this is what I can tell you from my experience.
All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.
I would say - better safe than sorry.
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talduk
March 24th, 2005, 04:04 AM
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Thanks.
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Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
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willigetagc
09-10 12:15 PM
Guys,
This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.
Still have friends from EB2 2002/03 not gotten their GCs...
Patience is the key.
Election time....immigration issue has zero value
Nothing to stop CIS from repeating what happened this year. :mad:
Next Jul they will advance PDs to Jun 07 and then approve tons of 2007 PDs.
I can't even imagine the plight of the pre-2005 PDs. It makes me wanna throw up. :eek:
This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.
Still have friends from EB2 2002/03 not gotten their GCs...
Patience is the key.
Election time....immigration issue has zero value
Nothing to stop CIS from repeating what happened this year. :mad:
Next Jul they will advance PDs to Jun 07 and then approve tons of 2007 PDs.
I can't even imagine the plight of the pre-2005 PDs. It makes me wanna throw up. :eek:
more...
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bhavingreat
09-22 05:09 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
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s416504
08-13 02:11 PM
Dear All,
I have filed my 485 on my own & reached package on 2nd July.
But I haven't heard anything from USCIS..No recepit, No LUD etc.
Can I know if anyone filed application on own & got receipts?
In case filing own, who gets the 485 receipts? Employer/Filer
Do write guyes?
I have filed my 485 on my own & reached package on 2nd July.
But I haven't heard anything from USCIS..No recepit, No LUD etc.
Can I know if anyone filed application on own & got receipts?
In case filing own, who gets the 485 receipts? Employer/Filer
Do write guyes?
more...
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MLS
08-07 05:22 PM
I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.
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smiledentist
06-21 12:37 AM
I am a dentist in state of CA,and filed for EB2 green card.In April
2006 applied for my
PERM from MD Dental, a dental group with 5 offices and about 30
employs and owned by 2
partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b
both were approved
and in may 2006 I filed for I-140 from the same company.I-140 had a
RFE but was approved
in Feb 2007.Meanwhile in Oct 2006 both partners had a misunderstanding
and they split the
company into 2 companies with one partner getting 2 offices and the
other partner getting
3 offices.Originally my perm was filed from the MD dental Van-Nuys
office, which was
given to partner A who then told me to file for a new H1b as tax ID
number for the
employer has changed but my job location would not change.I filed for
a new H1 visa from
partner A which was also approved and started to work for him till Feb
2007.In feb 2007 I
found a new job again as a dentist with a different company and moved
to that company.I
am still in good contact with both partner A and partner B of the old
company.
My question is if I could file for I485 from MD dental which is
already split with
approved I140, or I could file it from partner A or partner B`s new
company showing
either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer..
Please advice.
2006 applied for my
PERM from MD Dental, a dental group with 5 offices and about 30
employs and owned by 2
partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b
both were approved
and in may 2006 I filed for I-140 from the same company.I-140 had a
RFE but was approved
in Feb 2007.Meanwhile in Oct 2006 both partners had a misunderstanding
and they split the
company into 2 companies with one partner getting 2 offices and the
other partner getting
3 offices.Originally my perm was filed from the MD dental Van-Nuys
office, which was
given to partner A who then told me to file for a new H1b as tax ID
number for the
employer has changed but my job location would not change.I filed for
a new H1 visa from
partner A which was also approved and started to work for him till Feb
2007.In feb 2007 I
found a new job again as a dentist with a different company and moved
to that company.I
am still in good contact with both partner A and partner B of the old
company.
My question is if I could file for I485 from MD dental which is
already split with
approved I140, or I could file it from partner A or partner B`s new
company showing
either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer..
Please advice.
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rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
saddaypally
09-30 10:34 PM
Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.
Thanks,
Shravan
Thanks,
Shravan
jazzy2
10-22 11:17 AM
EB2 RIR - india, PD MARCH 2003
BEC, philly. LC approved April 2007, June 1st filer
thanks
BEC, philly. LC approved April 2007, June 1st filer
thanks
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